Golo sc 241

In a major order, the Supreme Court today said it will hand over as many as 186 anti-Sikh riot cases which was earlier closed, to a new three-member Special Investigation Team (SIT) for fresh investigation.A bench headed by Chief Justice Dipak Misra said the supervisory body, appointed by it has found that out of 241 cases, 186 cases were closed without investigation.These cases, which have not yet been investigated by a Centre-appointed SIT, will be sent for further investigation to a new SIT headed by a retired high court judge. The bench said the proposed committee will be headed by a former high court judge and consist of one retired and one serving police officer.The Centre has also been allowed to suggest names for the SIT.The apex court took this view after getting a report on the SIT investigation into the 1984 Sikh riot cases from two retired SC judges.When the Centre constituted the SIT in 2014, a total of 293 Sikh riot cases were entrusted to it. That … [Read more...] about Fresh SIT Headed By Retired HC Judge To Monitor Probe Into 186 Anti-Sikh Riots Cases : SC

Instead of a sealed cover, the report was filed in a leather bag with a number lock system Taking on record the final report submitted by an advisory board comprising of former SC judges Justices J M Panchal and K S P Radhakrishnan appointed by it to look into the closure of 241 cases in the 1984 anti-Sikh riots, the Supreme Court today said it will examine it on December 11.A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it will open the leather bag with a number lock system carrying the documents on that day.It asked the parties including Additional Solicitor General Pinki Anand to be present to assist the court in the matter.It was on August 16 that the bench appointed the committee.The Centre had earlier told that out of the 250 cases which were investigated by the SIT, closure reports were filed in 241.It had said that nine cases were still being investigated by the SIT, while two cases are being probed by the … [Read more...] about Anti-Sikh riots: SC To Examine Report Filed By Its Panel On 241 Closed Cases

A Supreme Court-appointed panel comprising of two lawyers will inspect the facilities at the flat of Minister of State Rajyavardhan Singh Rathore in Parsvanath Developers’ Exotica project in Gurgaon in the wake of his complaint that the house given after a long legal battle was “uninhabitable”.Rathore had booked a flat in Parsvnath’s Exotica project in Gurgaon in 2006 and paid around Rs 70 lakh for it.The firm was to deliver the flat in 2008-09. In January this year, the National Consumer Disputes Redressal Commission had directed the builder to refund the principal amount with interest and compensation to Rathore. The builder had challenged the move in SC.On October 21 the Supreme Court had asked he builder to hand over the possession of the flat.The bench of Justices Dipak Misra and Amitava Roy directed the committee comprising of lawyers -Gaurav Aggarwal and Shankar Narayan to submit its report in two weeks and look into the … [Read more...] about Mos Rathore Given A Uninhabitable Flat By A Builder? SC Panel To Inspect

The Supreme Court bench comprising Justices Ranjan Gogoi, Prafulla C Pant and A.M.Khanwilkar, held on August 16 that there is no obligation on the State of Madhya Pradesh to raise the height of the road so as to erect a Bandh to keep five villages free from submergence at all times, due to the construction of the Omkareshwar Dam.However, there is the necessity to provide access to the villagers to their lands which the State is duty-bound to make and provide, the bench observed, while closing the Narmada Bachao Andolan’s contempt petition against Rajneesh Vaish, Additional Chief Secretary of the Madhya Pradesh Government, and vice-chairman of the Narmada Valley Development Authority (NVDA).The bench passed the order, after hearing Sanjay Parikh, counsel for the NBA and the Additional Solicitor General, P.S.Patwalia, who appeared for the respondent.The NBA, in its contempt petition, had alleged that in terms of the SC’s judgment and order dated 11 May 2011 in the … [Read more...] about Narmada Bachao Andolan’s contempt petition in the Omkareshwar Dam submergence case fails to convince the SC [Read Order]

A two Judge Bench of Supreme Court held that sexual intercourse with minor (below 18 years) wife is rape. “we are left with absolutely no other option but to harmonize the system of laws relating to children and require Exception 2 to Section 375 of the IPC to now be meaningfully read as: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.” It is only through this reading that the intent of social justice to the married girl child and the constitutional vision of the framers of our Constitution can be preserved and protected and perhaps given impetus”. Justice Lokur said in his Judgment. Justice Deepak Gupta in his Judgment Clarified that Section 198(6) of the CrPC will apply to cases of rape of “wives” below 18 years, and cognizance can be taken only in accordance with the provisions of Section 198(6) of the Code. As per S.198(6) Of CRPC, “No … [Read more...] about Breaking: Sex With Minor Wife Is Rape, SC Reads Down Exception-2 To S.375 IPC [Updated] [Read Judgment]

The Supreme Court’s Vacation Bench of Justices D.Y.Chandrachud and Sanjay Kishan Kaul, today directed the listing of writ petitions filed by two death-row convicts, Babu @ Ketan and Sanni, challenging the Supreme Court Rules, which facilitate in limine dismissals of appeals against death sentence by the Supreme Court, before a three-Judge Bench, during the first week after the summer vacation.READ: SC Agrees To Hear Death Row Convicts’ Writ Petition Seeking Stay On HangingAlthough the senior counsel, Salman Khurshid, asked for a specific stay on their hanging following the rejection of their mercy petitions by the President on May 25, the bench assured the counsel, that since the Court is seized of the matter, there will be no adverse consequence.However, the bench found the matter as of considerable importance, and listed it before a three-Judge bench immediately after the summer vacation.READ: President Rejects Mercy Petitions of Five Death-Row Convicts In Two … [Read more...] about SC Directs Listing Of Death-Row Convicts’ Challenge To In Limine Dismissal Of Appeals After The Vacation [Read Order]

The bench clarified that it was not against holding the examination per se. “But without an amendment to the Advocates Act, can you hold the examination?” it asked BCI. A day after questioning Bar Council of India’s authority to conduct All India Bar Examination (AIBE) which a law graduate has to clear to be eligible to practice, the apex court today said it was not averse to any exam to test the capability of law graduates in the “interest of betterment of the profession” but only wanted to verify if the AIBE was within the “parameters of law”.A bench of Chief Justice T S Thakur and Justice U U Lalit has posted the petition filed by petitioner Nagabushana challenging the AIBE before a three judge bench for detailed hearing next Friday. SIGNIFICANT OBSERVATIONSAs advocate Ardhendumauli Kumar Prasad who appeared for the BCI stoutly defended the exams, the CJI said “of course practicing is a fundamental right and we cannot do … [Read more...] about #AIBE- Day 2: “Just because you have a law degree should not mean you have become a lawyer”; SC

The Supreme Court today directed the Mumbai police to issue licenses to those willing to reopen dance bars across the states within ten days and scrapped the conditions in the new rules which mandated erecting of a three feet wall around the dance stage and installation of CCTV cameras at all points including over the performing area for giving live feeds to the nearest police control room.Nudged by the apex court, the Maharashtra police changed the condition of erecting walls to installation of just a railing around the stage.A bench headed by Justice Dipak Misra also allowed CCTVs only at the entrance and all other places except the performing area, restaurant and drinking area. The bench also persuaded the police to allow the bars to allow more than four dancers to perform. While only four can perform at a time, others have been allowed to wait in the green room awaiting their turn.“Dance Bar owners are to comply with the condition within three days after which licenses are to … [Read more...] about SC nod to re-open Dance Bars in Mahrashtra with modified conditions [Read Order]

The Supreme Court bench of Justices Ranjan Gogoi and Navin Sinha, on Tuesday, October 24, gave the Delhi High Court, eight weeks to finalise amendments to its Original Side Rules and Practice Directions, in order to ensure speedy disposal of original Intellectual Property Rights (IPR) suits.Earlier, the bench took note of the report submitted by the Registrar General of the High Court of Delhi dated 13 October 2017 pursuant to the previous order of the Supreme Court dated 16th August, 2017. The report provided details of amendments being contemplated. The High Court sought 12 more weeks , as it is currently in the process of preparing the first draft of the amendments.The Supreme Court had directed registration of a suo motu civil writ petition titled as “Re-Case Management of Original Suits” on August 16, and requested the Registrar General of Delhi High Court top submit periodical reports of the work done in this regard. Exclusive: SC Laments … [Read more...] about SC Gives Delhi HC Eight Weeks To Finalise Amendments To Ensure Speedy Disposal of Original IPR Suits [Read Order]

“What has happened to the noble profession and the lawyers? Fall in standards is visible. It is time we introspect, raise the standard, look what is happening around us..Some advocates are agitating, some are stoning, some are firing and very few are arguing”, Chief Justice T S ThakurContinuing to express serious concern over the falling standard of lawyers, a Chief Justice T S Thakur-led bench of the Supreme Court said it will refer the petition challenging the All India Bar Examination (AIBE) to a constitution bench and appointed senior lawyer K K Venugopal as amicus curiae to assist in the contentious matter.The court also hinted that it may also seek the assistance of eminent jurist and senior lawyer Fali S Nariman in the matter.The bench directed Venugopal and Bar Council of India Chairman Manan Kumar Mishra who was present in the court to come up with “various suggestions on how to improve the system, formulate issues and propositions to be examined” and … [Read more...] about Breaking; SC worried at falling standard of lawyers; Refers AIBE case to constitution bench; appoints K K Venugopal as amicus